Civil Law Contracts Research Articles

The concept and features of the jurisdictional form of protection of personal non-property rights of military personnel

Armed aggression on the part of the Russian Federation, during which disputes are resolved with the use of weapons, the commission of terrorist acts and other cruel actions that caused death, maiming, harm to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity are modern realities of Ukraine. In connection with this situation, among the priorities of the Ukrainian policy, the National Security Strategy of Ukraine defines the protection of the independence and sovereignty of the state, the restoration of territorial integrity within the internationally recognized state borders of Ukraine, and the protection of the rights, freedom, and legitimate interests of the citizens of Ukraine. National interests and ensuring national security. The most important role in solving the tasks of defense and security of the country is played by military personnel who undergo military service - public service of a special nature. Protection of personal non-property rights in a certain form is an objective necessity. The norms of general legislation apply to military personnel, therefore they have general rights, freedoms and duties as natural persons, therefore their protection is carried out in a certain form.
 The protection of personal non-property rights of servicemen involves a certain form of protection defined in legislative acts (civil, administrative, criminal, disciplinary). Civil law protection of the civil rights of military personnel means the application of protection measures in a certain civil law form, defined only by acts of civil law or a civil law contract.
 Servicemen acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

Extension of Master’s Power Within the Framework of the Zero-Hours Labour Contract: Problem Statement

The article is devoted to the refraction of the phenomenon of the employer’s master’s power in the system of relations between the parties to the zero-hours contract. The objectives of the work: to show the traditional limitations of such power and their extension in the zero-hours contract. On the basis of the analysis of foreign legislation and European judicial practice the definition of the zero-hours contract is given. Conclusions are drawn that the contract with non-fixed working hours refers to atypical employment, and, as a rule, is considered as a labour, not civil law contract. A different enforcement position is also reflected in the article. The conclusions on the issue of the sectoral affiliation of such an agreement are important for highlighting the legal status of an employee working under a zero-hours contract and the employer’s control not only in the course of labour activity, but also outside it. Such a non-standard situation for labour law is due, as the author notes, to the flexible, unpredictable, non-fixed work schedule. This peculiarity is the one around which the very concept of a zero-hours contract was formed. It is revealed that the employer’s ability to change the working hours of employees may act as a latent measure of quasi-disciplinary action unknown to labour law. It is concluded that such discretionary power of the employer increases the level of subordination of the employee with unfixed working hours and strengthens the personal dependence of the latter. It is noted that digitalisation, as a condition that allows the extension of such control by changing the working schedule in real time, exacerbates the unstable nature of the atypical relationship in question. It is found that the extension of master’s power disrupts the work-life balance, which is usually pointed out as an advantage of opting for a zero-hours contract for the worker. It is concluded that the normative construction of such a contract should be based on the principle of compensation for both work and the waiting period for work, and provide for minimum compensation for restrictions on workers’ rights.

Source of income from the transfer of real estate for consideration under a life estate contract

This study is devoted to the issue of the source of income from the sale of real estate for consideration under an annuity agreement. The article pays special attention to the issues related to the interpretation of the provision of Art. 10 sec. 1 point 8 lit. and the Personal Income Tax Act. In particular, the impact of the provisions of the above-mentioned of the Act on the interpretation and application of them in relation to a civil law contract, which is an annuity contract. The considerations focus on the question of whether the annuitant, in the event of selling real estate under a life annuity agreement, will pay 19% tax on the income calculated on the value of this real estate. Against the background of the above comments, it should be considered whether the actions taken by the legislator allowed for the creation of a properly functioning model of the source of income in the case of the disposal of real estate for consideration under an annuity agreement. The presented issues entail the inevitability of an analysis of legal issues in this field in terms of the nature of the changes, but also the related practical problems.

CIVIL LAW AND LABOR CONTRACT: ECONOMIC AND LEGAL DIMENSION

The subject of the study is the conceptual, theoretical, methodological and applied legal and economic principles of the nature and significance of civil law and labour contracts in public life. Methodology. The research is based on general scientific and special legal methods. The analysis helped to determine the quantitative and qualitative parameters which characterise civil law and employment contract as socio-economic and legal phenomena in modern society. The synthesis provided for the formation of common and distinctive features inherent in civil law and employment contract in modern society. With the help of the comparative legal method it was possible to distinguish the characteristic features of the civil law and labour contract in the economic sphere and the legal consolidation of the above categories in modern international and national legislation on the basis of the quantitative and qualitative indicators of the corresponding origin. The formal-legal method created the conditions for the formulation of conclusions on the effectiveness of the normative consolidation of the principle of freedom of contract within the limits of civil and labour legislation and for the determination of relevant regulatory proposals. The purpose of the article is to define the essence and significance of civil law and employment contracts in the economic and legal sphere. The results of the study show that the state of legal regulation of temporal restrictions on the exercise of private rights in Ukraine on the way to economic integration creates preconditions for its modernisation in terms of both general and special legal provisions. Conclusion. Contractual relations are one of the most important driving forces of civil turnover, as they mediate the movement of a number of non-property and property goods within civil and economic turnover. Based on the study of statistical data, it has been established that the civil law contract, together with the labour contract, creates conditions for the development of economic processes in quantitative and qualitative components due to its involvement as a means of moving material and immaterial goods in civil and economic turnover. At the same time, a civil law contract, due to its wide variability and direct involvement in certain economic processes, creates more important prerequisites for progress in the economic space, which is manifested in new types and forms of contracts of this type. The labour contract in its component aims, first of all, from the position considered, to ensure the social component in the implementation of the content of the right to work by guaranteeing certain social, including economic, standards. This is why, unlike civil law, labour law influences the economy of the country indirectly and with a much smaller specific weight. In the legal sphere, research into the legal nature and scope of contractual constructs in the civil and labour spheres testifies to the weight of the principle of freedom of contract, which, on the one hand, is established within the limits of civil legislation and, on the other, creates the conditions for the implementation of another, broader principle of freedom of work, which is based on the right of the individual to freedom of work as a natural and inalienable human right. The article points to the possibility of extending the principle of freedom of contract, along with civil law relations, to other related relations, primarily labour relations. Where the manifestation of the content of such a principle is the right holder's authorisation to behave in one of the following ways: 1) procedural (conclusion, amendment, termination of the contract); 2) selection of a counterparty; 3) determination of terms and conditions; 4) determination of the contract content.

Legal regulation of relations of protection of personal non-property rights of servicemen in various branches of law

Armed aggression by the russian federation, where disputesare resolved withthe help of weapons, committing terrorist acts and other violent actions that cause death, maiming, damage to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity, is modern realities of Ukraine. In this situation, the National Security Strategy of Ukraine lists defense of independence and state sovereignty, restoration of territorial integrity within the internationally recognized state border of Ukraine, protection of the rights, freedoms, and legitimate interests of Ukrainian citizens as priorities of Ukraine's national interests and ensuring national security. The most important role in solving the tasks of defense and security of the state belongs to military personnel who carry out military service - state service of a special nature.
 The efficiency and quality of military personnel activities depend on state guarantees in accordance with their socio-economic, legal, political situation and modern realities. Military personnel are subject to the norms of general legislation, therefore they have general rights, freedoms and obligations as natural persons.
 The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract.
 Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

Uphill struggle: collective bargaining for the self-employed in Poland

Poland, which has one of the highest shares of self-employment and civil law contracts in total employment in the European Union, provides an instructive example of a labour law reform that extended the personal scope of collective bargaining. Since 1 January 2019, the right to collective bargaining has been extended to all workers in paid employment. The first effects of the reform have however been disappointing. Collective agreements concluded since the new law came into force hardly ever cover non-employees. These results are rooted both in social partners’ attitudes and strategies and in the existing legal framework. Employers keen on reducing labour costs are reluctant to enter into collective bargaining with self-employed workers, while trade unions have not adopted a comprehensive strategy for representing non-employees. At the same time, the law scarcely fosters and encourages social dialogue; in some areas it can even be an obstacle to developing collective bargaining for workers.

Legal regulation of the subvention for the provision of state support to persons with special educational needs in Ukraine

The article analyzes the legal regulation of the subvention for providing state support to persons with special educational needs in Ukraine. It is emphasized that when establishing the appropriate mechanism for providing such an inter-budgetary transfer, the legislator does not specify which levels of education are concerned and in which institutions such education can be obtained by persons with special educational needs (this refers to the form of ownership of a higher education institution, its organizational and legal form, etc.) We consider this approach constructive, as it ensures the principle of equality in the exercise of the right to education. It is emphasized that there is a legislative conflict regarding the range of persons who can be granted such a subvention. Thus, some legislative provisions refer to persons with special educational needs. At the same time, part 1 of Article 1033 at first refers to the provision of state support to persons with special educational needs, and then to children with relevant health problems. The author emphasizes that determining the circle of persons with special educational needs who can receive appropriate educational services at the expense of a subvention in this situation is fundamental. Based on the comparative legal analysis of the areas of use of the subvention funds for providing state support to persons with special educational needs, the author states that the areas of funding specified in the Budget Code of Ukraine differ from those specified in the Procedure for granting the said subvention. In particular, the Budget Code of Ukraine provides for such funding as remuneration of specialists on the basis of civil law contracts for the relevant classes or services. At the same time, the Procedure does not contain such provisions. It is quite logical that the Budget Code of Ukraine regulates the main provisions, and the relevant bylaws and regulations detail them. However, in our opinion, conceptually, these acts should correlate with each other. In this situation, on the contrary, this approach makes it impossible to adequately implement the procedure for granting the subvention under study. It is proposed to make appropriate amendments to the legal acts regulating the procedure for granting funds in the form of a subvention for providing state support to persons with special educational needs.

Peculiarities of legal regulation of certain contractual constructions: legal regulation of contracts in the IT sphere

The article is devoted to the analysis of scientific approaches to defining the concept of contracts in the IT sphere. The specifics of the legal regulation of these contracts are revealed. An analysis of the current Ukrainian legislation in this area was carried out. The main issues of contractual regulation of IT relations in Ukraine have been identified. The legal nature of contracts in the field of IT law and methods of legal protection of the relevant institutes are considered.It is noted that the existing legal acts are outdated and irrelevant in our time. Some normative acts are formed as an entrapment to worsen the legal status. Separately, we will consider such an important point as the registration of labour relations in the sphere of IT, since it affects both employers and employees in this field. Some scholars argue that IT contracts should be concluded according to the principle of an employment contract, as this gives employees additional guarantees of rights and minimizes the deterioration of the situation. Also, foreign experience quite often emphasizes that the use of outsourcing, outstaffing, and staff leasing in companies is quite common.This paper contains relevant issues and compares the regulation of these relations at the international level. If attention is focused and this issue is actively implemented at the national level, it will become another source of income for the state budget, which will have a positive effect on the country’s economic situation during the state of war.The subject of the contract is also a particularly significant aspect in this area. It is necessary to define the subject of this contract as thoroughly as possible and to correctly and efficiently distribute intellectual property rights.The difference between a civil law contract and a contract in the informational sphere is considered. Furthermore, the issue of tax planning in this area arises repeatedly. It includes the choice of the system of taxation of IT business in Ukraine, which will directly correspond to the volume and nature of works and services that a certain company is going to dispose.The recent domestic case law on this issues has been analyzed. Court decisions that analyzed the legal nature of the contract itself. Types and subtypes of contracts in the IT sphere and current registration of IT workers are also analyzed.

Experience of implementing foster care in some foreign countries

It is indicated that child homelessness is a very urgent problem in many countries of the world. Unfortunately, Ukraine is not an exception.The history of the development of patronage in Ukraine has a long history. Foster care sometimes existed as an alternative form of education for orphans and children deprived of parental care, and then disappeared for decades. Perhaps this was the reason for such a low level of legislative regulation.A foster family is a form of temporary placement of children who have found themselves in a difficult life situation, with the aim of rehabilitation, change of situation in the native family, and in case of impossibility - transfer for adoption. The purpose of this form of education is to realize the child’s priority right to life and upbringing in the family, which are enshrined in the UN Convention on the Rights of the Child. A foster family is an alternative form of upbringing, which is used when, due to objective reasons, the application of adoption or guardianship is impossible. A child is transferred to a foster family on the basis of a civil law contract, and in some countries an employment contract is additionally concluded between the foster carer and the child placement service.It is noted that a child under foster care is a child who has not reached the age of sixteen, who is cared for by providing all the necessary conditions for life and development, a person who is not the child’s father, but who is responsible for the child. The appointment of a certain person as a foster carer, as well as the deprivation of this status, is documented. At the same time, social agencies are obliged to provide potential foster carers with information about their rights and the procedure for appealing the decision.The article describes the experience of foster parenting in some foreign countries in which legislative regulation of foster relations characterized by a rather high level (the UK , France, Sweden). Practice shows that patronage in Ukraine has a narrow range of applications due to significant gaps in the law, and certainly not conducive to combat the serious problem of street children as. According to the analysis of legal regulation of foster parenting in some foreign countries and foster care in Ukraine , recommendations indicated the positive elements that could usefully borrow to improve legal regulation of foster relations in Ukraine.

Uniwersytet 4.0 – mit cyfrowej akademii? Refleksja historyczno-komunikologiczna

Zmiana społeczna wymuszona rewolucją teleinformatyczną oraz stopniowe skurczenie świata zgodnie z paradygmatem globalnej wioski wywarło wpływ zarówno na postrzeganie, jak i funkcjonowanie uniwersytetu jako instytucji publicznej. Współczesna uczelnia, pomimo wypracowanych w poprzednich dekadach a nawet stuleciach norm i procedur, musi w sposób skokowy dostosować się do wymagań tak społeczeństwa cyfrowego, jak i cyfrowej ekonomii z zachowaniem dotychczasowej tożsamości i unikatowej roli, jaką pełni w strukturze społecznej. Celem niniejszego artykułu jest z jednej strony prezentacja przemian, jakie doświadczyła akademia w perspektywie zmiany społecznej, z drugiej – prezentacja badań własnych dotyczących oceny cyfryzacji procesów zachodzących na uczelniach z perspektywy doświadczenia postcovidowego. W badaniu udział wzięło 433 studentów oraz 133 nauczycieli akademickich zatrudnionych zarówno na etacie, jak i współpracujących z uczelnią na umowy cywilnoprawne.

Intellectual property on computer programs created as a result of execution of an employment agreement (contract).

The article examines the legal regulation of the use of computer programs by combining economic and civil legislation. The author notes that the contractual aspect is decided by the norms of commercial law, while the legal status of the author and the legal regime of the computer program are determined by civil legislation. Special attention is paid to the resolution of copyright issues for computer programs created in connection with the performance of an employment contract. The author believes that such issues should be settled with the help of a civil law contract. In areas where the duties of employees involve the creation of computer programs in the process of performing a labor function, it is recommended to use local legal acts, such as regulations, standard contracts, etc. It goes on to say that an employer may have certain powers in relation to copyright, in particular, to require the preservation of the integrity of the work and to prevent its distortion or alteration. In addition, the employer has the right to demand that the author’s name be indicated on all copies of the work and that his name be mentioned when the work is used. Summarizing, the article calls for the establishment of a clear regulation of relations regarding the use of computer programs, in particular, by combining economic and civil legislation. The author emphasizes the importance of concluding civil law contracts in cases where computer programs are created within the framework of labor relations.Such contracts, together with local regulations, will help resolve copyright issues and establish the employer’s authority to use the works.In addition, the article emphasizes the need to ensure a balance between the interests of the authors of computer programs and the rights of employers. On the one hand, authors should be ensured recognition of their creative contribution, protection of copyright and recognition of their right to determine the further use of their works. On the other hand, employers have the right to reasonably use works created by employees as part of their work duties, for the purpose of business development and ensuring the efficient operation of the company. Legal regulation of relations on the contractual use of computer programs should contribute to the creation of a clear legal framework that ensures the protection of the interests of all parties and promotes the development of an innovative environment in the field of software.

Concept, features and types of civil legal relations

It has been established that civil legal relations are social relations between individuals and/or legal entities regulated by the rules of the civil branch of law and arising out of certain tangible and intangible benefits. Attention is drawn to the fact that civil legal relations are regulated not only by the rules of civil law, in particular, this is indicated by such a principle as freedom of contract in civil law. In other words, the content of civil law contracts may go beyond the legal relations provided for by the Civil Code of Ukraine.
 It has been argued that the key features of such relations are as follows: they may be of property and non-property nature; they are regulated by the rules of the civil branch of law; participants to civil legal relations are equal, i.e., they have the same set of subjective rights and legal obligations; the key principles of legal regulation of civil legal relations are determined at the legislative level, but they are substantively regulated at the contractual level; they arise between private individuals and/or legal entities and are not related to governmental bodies or public institutions; as a rule, civil legal relations are commercial in nature.
 It has been noted that an important task of the legislator is to create appropriate conditions for the settlement of civil legal relations, since this is an important guarantee of protection of property and non-property rights of a person, and also contributes to the development of the state economy, i.e. is an important element of the functioning of society and the development of the country’s economy.

Copyrights for official works created by scientific and pedagogical workers

The article is devoted to the research of regulatory approaches regarding the copyright of scientific and pedagogical workers on official works in connection with the adoption of the new Law of Ukraine «On Copyright and Related Rights» on December 1, 2022. In the work, a comparative analysis of the definition of the concept of «official work» under current legislation with the legislation that was in force until January 1, 2023 was carried out, it was determined which works created by scientific and pedagogical workers are subject to the legal regime of official work.It has been established that the current legislation enshrines the presumption of ownership of property rights of a higher education institution for an official work created by a scientific and pedagogical employee. If there is no provision for changing this presumption in the employment contract (contract), then this can be done by concluding a civil law contract, the parties of which are the institution of higher education and the scientific and pedagogical worker. A conclusion was made about the need to supplement the employment contract (contract) with a condition regarding the property rights of the scientific and pedagogical worker to official works. Attention is drawn to the fact that today the subject of copyright can use the sign of legal protection (©) only to indicate his property rights. The conducted research does not exhaust all problematic aspects of the research topic. We see the prospect of its further study in solving questions, related to the implementation of copyright in this area.

Compensation for moral damage caused as a result of illegal dismissal to an employee

The employee is always the weaker party in labor relations, because it is the owner who determines the nature, regime and conditions of work, wages, the procedure for calculating fees and penalties. Taking into account the above, the Basic Law of Ukraine guarantees protection against illegal dismissal to all workers. In the case of abuse on the part of the owner, the employee, among other things, has the right to demand compensation for moral damage in the case when illegal dismissal led to his (her) suffering. The purpose of our article is to determine the specifics of compensation for moral damage, caused under the specified circumstances. In the course of the research, the conditions, under which moral damage at dismissal is deemed to have been caused by, were clarified. The grounds for the establishment of labor relations, which are an employment agreement, a contract as a specific form of an employment agreement, and a civil law contract, were defined. It is proved, that the fact of being in an employment relationship can be established extra judicially (by conducting negotiations with the employer or sending appeals simultaneously to the territorial bodies of the State Labor Service of Ukraine and the State Tax Service of Ukraine) or in court (on the basis of Article 315 of the Code of Civil Procedure Code of Ukraine). It is established, that moral suffering of the person, who was illegally dismissed, can be manifested in the victim's negative mental states (stress, depression, anxiety), which are reflected in his (her) consciousness. It is substantiated, that Ukrainian legislation does not directly list actions causing employee’s suffering; however, the Labor Code of Ukraine does not contain any restrictions or exclusions for compensation for moral damage in case of violation of the latter's labor rights. It is stated, that a three-month time limit applies to claims for moral damages in cases, provided for by labor legislation. However, in the case of exceeding it for valid reasons, the district, district in the city, city or city and district court may reinstate it

To the issues of legal regulation of nft-tokens as virtual benefits

Introduction. This scientific article dedicated to certain aspects of such virtual benefits/assets as the NFT token (non-fungible token) and place of them in the obligations relationship. The legal framework and legal practice regarding non- non-fungible token is currently absent, which is a characteristic situation not only for domestic jurisprudence, but also for the world. In view of the above, there is a need to investigate the nature of this phenomenon. Summary. The article analyzes the proposed legislative definition of "virtual asset" in relation to the NFT token. The study of individual features of this phenomenon makes it necessary to turn to its displayed technical characteristics at the current stage. Yes, it is determined that the NFT token performs an authentication function and cannot exist independently without its attachment to another object of civil rights. Without such a combination, exclusively as a code (a set of signs), the token cannot be regarded as an intangible (virtual) benefits, since the token certifies a subjective right to another object of civil rights, and therefore should be considered precisely as an asset (benefits), which has a providing nature. Attention is focused on the fact that one of the main problems of legal uncertainty in this category is the question of what exactly individuals acquire when buying an NFT token, since in fact the token is usually associated with another object, which gives it a real value. The relationship between the non-fungible token and the start-contract was analyzed and the possible legal consequences of their interaction determined. Conclusions. Non-fungible tokens exist in a decentralized system and are closely related to the smart contract already at the stage of their creation, therefore, provided there are no imperative requirements from the law, the latter can be considered as a type of civil law contract, which, in turn, due to constant interaction the connection between them makes it possible to single out certain features of the binding nature of this phenomenon.

Procedure for Concluding Civil Law Contracts with the Participation of the State of Ukraine under Martial Law

Purpose. The purpose of the article is to establish the peculiarities of the participation of the state of Ukraine in contractual obligations, to analyze the legal regulation of the procedure for concluding civil law contracts with the participation of the state of Ukraine, in particular, in the conditions of martial law, to make relevant theoretical conclusions. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: formal-logical, analysis, comparative analysis, systemic-structural, terminological, normative. Results. In the process of research, it was recognized that the state of Ukraine is an equal participant in contractual obligations, however, certain exceptions to this rule may be established in the conditions of martial law. This is related to issues of ensuring national security and defense of Ukraine. Originality. In the process of research, it was established that the state of Ukraine is the party to the concluded contracts, and not the state body that represents it. The State of Ukraine may be a party to sales contracts, leases, concession contracts, product distribution agreements, etc. The procedure for concluding, changing and terminating contractual obligations with the participation of the state of Ukraine is provided exclusively by law, in particular, taking into account the requirements of martial law. Practical significance. The results of the study can be used in law-making and law-enforcement activities to resolve important issues related to the national security and defense of Ukraine.

Проблемные вопросы договорных отношений между медицинским работником и медицинской организацией: на что необходимо обратить внимание руководителю медицинской организации и медицинскому работнику

The “Guidelines for Compliance with Mandatory Requirements in Carrying Out Medical Activities” approved by Roszdravnadzor on November 11, 2022, noted that the most common violations include the licensee’s lack of employment contracts with employees performing work (services) permitted by the license. In this regard, the article substantiates in detail the need to conclude an employment contract with every medical worker working in a medical organization, regardless of whether this organization is his main place of work or not. The authors show that when a medical organization engages a medical worker from another medical organization to consult patients on a regular basis, it is also necessary to conclude an employment contract with him. At the same time, when a medical organization engages a medical worker of another medical organization on a paid basis for one-time/separate consultations, a civil law contract can be concluded with him. The article emphasizes that the concepts of “consultant” and “medical consultation” require their disclosure in the legislation, which determine the legal status of specialists involved in consultations and give a detailed description of medical consultations.

Anti-Corruption Clause in Civil Law Contracts: Theoretical and Practical Aspects of Use

The purpose of the article is to analyze the essential content and features of the practical use of such a tool for countering corruption manifestations at the level of organizations as an anti-corruption clause included in the text of civil law contracts concluded by it with its counterparties. In this context, the subject of the research conducted in the framework of the article is a set of key characteristics inherent in the anti-corruption clause, legal norms governing its use in civil law contracts, as well as forms of practical use of this tool in the practical activities of modern organizations. At the same time, a set of general scientific methods of comparative analysis and synthesis of the main approaches to the study of the issues under consideration, outlined by the predecessors, is used. Also, within the framework of achieving the research goal, a comprehensive use of formal legal and comparative legal methods is provided. On this basis, the main approaches to the formulation of the essential content of the category "anti-corruption clause", the features of its use in the process of regulation of anti-corruption at the level of organizations, the problematic aspects accompanying the use of this tool are considered. Special attention is paid to the use of an anti-corruption clause in the text of employment contracts concluded by an organization with its employees. The necessity of fixing the mandatory nature of the inclusion of an anti-corruption clause in the text of an employment contract concluded with persons holding corrupt (corruption-dangerous) positions is substantiated.

LEGAL ASSESSMENT OF THE RIGHT OF GRATUITOUS USE OF STATE PROPERTY

The norms of civil law are designed to regulate the relations of participants in civil legal relations arising from the appropriation of property benefits. Subjects of civil legal relations can satisfy their interest in property either through the conclusion of contractual relations, as a result of which the subject will have the right to demand satisfaction of their property interests through the behavior of an obligated person, or by acquiring property rights to the property with its subsequent use. In practice, there are legal relations in which it is very difficult to determine the nature of the rights arising in relation to property. In this article, an assessment of the rights arising from an open joint-stock company in relation to the state property transferred to it for gratuitous use is carried out. The analysis of the content of the contract for the gratuitous use of state property was carried out, the presence of signs of other civil law contracts in it was established. Proposals have been made to adjust the civil legislation.

COMPETENT LAW AND ORDER FOR CULPA IN CONTRAHENDO

The question arising in the legal literature about the legal nature of culpa in contrahendo has no unambiguous interpre-tation. Such different approaches to its definition as contractual, quasi-contractual or tort liability are due to the different degree of development of the concept in the legal systems of European states. The Civil Code of the Republic of Belarus prescribes certain provisions on pre–contractual liability in the context of the law of obligations, and the legal consequences associated with it – causing harm - qualifies as a tort. Since the "segment" of the civil law contract we are interested in is at the junction of contractual and non-contractual law, then only by examining the content of the tort and obligation statutes will it be possible to determine the position of the institution of pre-contractual liability (culpa in contrahendo) in terms of legal "proximity" to a particular type of obligations, and hence the range of possibilities of participants in these relations, which is the purpose of this article. The problems of the position of the institute of pre-contractual liability can be resolved through a comparative analysis of the criteria of the statutes and culpa in contrahendo, which represents the scientific novelty of the study. The author formulated the features of culpa in contrahendo, defining it as an independent legal institution, and justified the need for legislative consolidation of the provision on pre-contractual liability in the current Civil Code.